Truck Accidents: Fault & Negligence Laws in Missouri
Truck accidents result in some of the worst injuries. Fortunately, Missouri law allows people who get hurt in commercial vehicle crashes to seek compensation for their losses. However, both state and federal regulations apply in truck accident cases. Understanding how Missouri liability and fault laws could affect your claim will help you weigh your options. At Craig, Kelley & Faultless LLC, we can explain these statutes and their role in determining who is financially responsible for a crash in a free consultation. Contact us today to speak with an experienced truck accident lawyer.
Establishing Fault in a Missouri Truck Accident Case
Before recovering compensation for your losses, you must determine who is responsible for the truck accident. This process involves identifying which party(s) acted negligently and directly contributed to the crash.
Truck accidents are often more complex than car crashes, especially when determining who is liable for a wreck. The trucking industry is comprised of multiple players, not just the trucker and the trucking company. Establishing liability in Missouri means conducting a thorough investigation into the circumstances of the crash to determine whether multiple parties are at fault.
An investigation may reveal that many factors contributed to the crash. Examples include:
Driver Error
Driver error is a common cause of truck accidents. A truck driver could be at fault if they were speeding, driving under the influence, or engaging in other unsafe behaviors, such as distracted or fatigued driving, when the crash occurred.
Equipment Failure
Some truck accidents occur due to equipment failures, such as faulty brakes, tire blowouts, or steering system malfunctions. In these cases, the fault might lie with the truck manufacturer for producing an unsafe product or with a truck repair shop for failing to inspect or maintain the truck properly.
Trucking Company Negligence
Trucking companies are responsible for ensuring their drivers have adequate training and well-maintained trucks. If a trucking company fails to meet these standards, it might bear liability for a truck accident.
Proving Fault in a Truck Accident Case
Proving fault in a truck accident case directly impacts your ability to recover compensation. But in the aftermath of a crash, you may be unprepared to dig deeply into what happened or gather the evidence necessary for a solid personal injury claim. But there is one guarantee — the trucking company and its insurer are already seeking ways to minimize liability. Getting advice from an experienced truck accident attorney can help you understand what it takes to maximize your chances of a favorable outcome.
Missouri negligence laws say trucking companies and their drivers must exercise reasonable care to prevent accidents and avoid harming others. This duty of care includes following traffic laws, maintaining their vehicles, and adhering to federal trucking regulations. When truck drivers or trucking companies fail in their duties, they might be found liable for any resulting accidents.
Comparative Fault in Missouri
Comparative fault is a legal doctrine considering each party’s degree of responsibility in a truck accident or any other personal injury claim. Missouri has a pure comparative fault system, meaning you can recover damages (money) even if you share some blame for an accident. However, the amount of compensation you can get for your claim decreases based on your assigned proportion of fault.
In truck accident cases, the courts or insurance adjusters determine each party’s percentage of fault and use this percentage to calculate how much compensation you can receive. Determining the percentage of fault requires a thorough investigation of the accident, which includes reviewing evidence, interviewing witnesses, and consulting with experts.
Comparative fault plays a significant role in both settlement negotiations and trials, as it can significantly impact the compensation you receive for accident-related losses. An experienced St. Louis truck accident lawyer can fight for your best interests in these complex negotiations and push for fair compensation for you.
Understanding Liability in Missouri Truck Accidents
Liability refers to someone’s legal responsibility for injuries or damages they cause, whether through negligence, recklessness, or intentional behavior. Without proof of liability, there is no way to hold a party legally responsible for their actions.
To win a truck accident case, your attorney must present compelling evidence demonstrating the other party’s fault. Examples of evidence include:
- Medical records
- Police accident reports
- Truck driver hours-of-service logs
- Information from the truck’s event data recorder
- Photographs
- Video footage
- Maintenance records
- Hiring records
- Cell phone records
- Cargo loading manifests
- Toxicology reports
- Witness statements
- Expert testimony from accident reconstruction specialists
While you can collect some evidence yourself, other critical pieces of proof — such as cell phone or personnel records — are not accessible without the help of a truck accident attorney. A lawyer can also send a spoliation letter to the trucking company demanding that all crash evidence be preserved.
Accidents with Multiple Liable Parties
If an insurance company or a court finds more than one party liable for a truck accident, it could affect your claim in several ways. Under Missouri’s pure comparative fault system, each party is responsible for its share of the damages. As such, multiple parties may be responsible for paying for your losses.
In such situations, any of the following factors could influence your case:
- Distribution of liability – When multiple parties share liability, you might need to pursue compensation from different insurance companies and policies, which complicates the process but could also result in a larger overall settlement.
- Difficulty in establishing fault – Proving fault can be more challenging when multiple parties are involved. You and your attorney must gather sufficient evidence to demonstrate each party’s degree of negligence and liability.
- Settlement negotiations – When several parties share the fault, settlement negotiations become more complex. Each party will try to minimize its share of responsibility for the accident. This conflict can result in prolonged negotiations or a trial if no one can reach a fair settlement.
- Collecting damages – In some instances, a party might be unable to pay their share of the damages due to insufficient insurance coverage or personal financial constraints. Such circumstances can complicate the process of collecting compensation and might require additional legal action.
Investigating the Trucking Accident Scene
A detailed investigation of the accident scene is essential for determining fault and liability after a truck wreck. Some of the investigation takes place at the crash site. Other aspects involve looking into electronic data from the truck itself, employment records, eyewitness accounts, forensic data, and medical records regarding your injuries later on.
It’s essential to get a truck accident investigation underway as soon as possible. Remember, the truck company is already one step ahead of you. While you were getting treatment for your injuries, they had time to get their adjusters on the scene to collect information immediately. A skilled truck accident lawyer can help make up for lost time by taking swift action while you heal.
Why Choose Craig, Kelley & Faultless, LLC, for Your Truck Accident Claim?
When filing a truck accident claim, you need a law firm that understands the intricacies of Missouri’s fault and negligence laws and how to deliver results that make a difference in your life. The attorneys at Craig, Kelley & Faultless LLC offer a unique combination of experience, commitment, and compassion, making us the ideal choice for your truck accident case. Here’s why you should consider partnering with our team:
Experience and Knowledge
Our attorneys have extensive experience representing victims of truck accidents in St. Louis and throughout Missouri. We thoroughly understand the state and federal regulations governing the trucking industry and stay up-to-date on the latest legal developments to better serve our clients.
Personalized Attention
At Craig, Kelley & Faultless LLC, we believe each client deserves personalized attention and tailored legal strategies. We take the time to get to know you and your needs, which allows us to craft customized solutions for your case.
Proven Results
Our track record and testimonials speak for themselves. We have successfully recovered millions of dollars in compensation for our clients, helping them move forward after devastating truck accidents. Our attorneys are skilled negotiators and aggressive litigators, meaning we’re equally comfortable standing up for our clients in and out of the courtroom.
Comprehensive Representation
We provide comprehensive legal representation, handling every aspect of your truck accident claim from start to finish. From investigating the accident to negotiating with insurance companies and taking your case to trial if necessary, we’ll be with you every step of the way.
Commitment to Client Satisfaction
Your satisfaction is our priority. We are dedicated to providing exceptional client service and maintaining open lines of communication throughout the legal process. Our team is always available to answer your questions and address your concerns.
No Recovery, No Fee
At Craig, Kelley & Faultless LLC, we operate on a contingency fee basis. This means you only pay us legal fees if we successfully recover compensation for you. We are confident in our ability to help you and willing to put our money where our mouth is.
How Our St. Louis Truck Accident Lawyers Will Assist You
Craig, Kelley & Faultless LLC is an established St. Louis personal injury law firm. Our truck accident attorneys have delivered exceptional client service and legal representation to Missouri clients for over three decades.
When you work with us, you can expect personalized attention and relentless advocacy from Day One. Your well-being is our priority, and we don’t let insurers get away with paying you less than you deserve. Call or contact us today for a free consultation.